A/HRC/45/CRP.9
63.
OHCHR is concerned about the lack of an effective mechanism to examine and
address allegations of such misconduct by free legal aid lawyers. The existing mechanisms
to ensure the quality of legal aid has proven ineffective, e.g. when detainees’ complaints
about refusals of the state-appointed lawyers to support their torture or ill-treatment
complaints remained unaddressed.79 In this regard, OHCHR welcomes the development of
the peer review of the quality of services provided by free legal aid lawyers. It would enable
effective assessment of its quality, which the free legal aid centres could not do due to the
discretion the lawyers enjoy when exercising their functions in relation to their defence
strategy.80
64.
Private lawyers may be at risk for representing clients in conflict-related criminal
cases. Throughout the reporting period, OHCHR documented 12 attacks against privatelycontracted lawyers which are believed to have been motivated by their professional activities.
The authorities’ failure to ensure the security of lawyers, in particular whilst on court
premises, and failure to effectively investigate such attacks violates the rights to security of
the person and to legal counsel, as well as national protections against interference in the
course of lawyers’ work.81
65.
In 2017 and 2018, OHCHR documented eight attacks by members of extreme rightwing groups against lawyers who defended individuals perceived as having ‘anti-Ukrainian’
views.82 Six of these attacks occurred in the presence of police, who failed to intervene. Four
defence lawyers were attacked on court premises,83 and in two separate cases, lawyers’
vehicles were set on fire.84 In addition, OHCHR documented two cases where members of
these groups harassed lawyers for defending individuals being prosecuted for alleged
membership in the armed groups.85
66.
OHCHR is concerned that investigations into documented attacks failed to lead to the
identification and prosecution of perpetrators. Some attacks were caught on camera, raising
questions about the willingness of the police to effectively investigate these cases. In
addition, in the majority of documented cases, the attacks were classified as “hooliganism”
rather than as violence against lawyers or their property. When investigators fail to take into
account that the victims were targeted as members of a protected profession, this results in
ineffective investigations and impunity, as well as punishments which do not reflect the
gravity of the crime committed.
79
80
81
82
83
84
85
See, Ukrainian Parliament Commissioner for Human Rights (Ombudsperson), Annual report of the
Ombudsperson for 2019, section 3.4, available at www.ombudsman.gov.ua/files/Dopovidi/Report2019.pdf, and Annual report of the Ombudsperson for 2018, section 2.7, available at
www.ombudsman.gov.ua/files/Dopovidi/Report-2018-1.pdf. The latter says that while there are
standards of conduct, lawyers can ignore their clients’ complaints about ill-treatment and not
challenge other procedural decisions against them.
Meetings with free legal aid centres in Kharkiv and Dnipro in 2017. The coordinators of the centres
stated that it would be difficult to terminate lawyers’ contracts and they simply waited for the
contracts to expire.
Basic Principles on the Role of Lawyers, paras. 17 and 18. Ukrainian legislation guarantees the
security of lawyers inter alia by criminalizing any interference with the activity of lawyers (article
398 of the Criminal Code concerning threats or violence against the defence lawyer or representative
of a person, available at zakon.rada.gov.ua/laws/show/2341-14).
OHCHR, Report on the human rights situation in Ukraine, 16 May – 15 August 2018, para. 65,
available at www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf. The
term “extreme right-wing groups” refers to political parties, movements and groups who blame
vulnerable groups for societal problems and incite intolerance and violence against them. In Ukraine,
extreme right-wing groups have perpetrated attacks against Roma and other minorities, including
LGBTI. Through their actions, they undermine the fundamental principle of non-discrimination by
propagating an ideology based on racism, discrimination, xenophobia and intolerance. See Reports of
the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance, A/HRC/35/42 of 26 April 2017 and A/HRC/18/44 of 21 July 2011.
OHCHR interviews, 16 May 2017, 14 and 15 August 2018; OHCHR trial observation, 28 September
2018.
OHCHR interviews, 21 February 2018 and 22 January 2019.
OHCHR interviews, 15 August and 28 September 2018.
15
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